Sch 1Expert review panels

Schedule 1—Expert review panels 1—Interpretation In this Schedule— medical expert means— (a) a health professional; or (b) a person who is within a class brought within the ambit of this definition by the regulations; referred question means any question that constitutes a matter in dispute or a matter subject to review before an expert review panel; relevant person means the person who is the subject of proceedings before an expert review panel. 2—Establishment (1) There will be such expert review panels as are necessary for the purposes of this Act. (2) For the purpose of constituting expert review panels, there is to be a list of medical experts appointed by the Minister. (3) A person appointed under subclause (2) will be appointed on terms and conditions, and for a term (not exceeding 3 years), determined by the Minister and, on the expiration of a term of office, is eligible for re‑appointment. (4) The office of a person appointed under subclause (2) becomes vacant if the person— (a) resigns by written notice addressed to the Minister; or (b) is removed from office by the Minister for— (i) breach of, or non-compliance with, a condition of appointment; or (ii) mental or physical incapacity to carry out duties of office satisfactorily; or (iii) misconduct; or (iv) neglect of duty; or (v) incompetence; or (c) completes a term of office and is not re-appointed; or (d) in the case of a person who has been a health professional—ceases to be registered under the Health Practitioner Regulation National Law; or (e) is convicted of an indictable offence or of an offence which, if committed in South Australia, would be an indictable offence; or (f) is sentenced to imprisonment for an offence. (5) From the list of medical experts under subclause (2), the Minister must appoint (on terms and conditions determined by the Minister)— (a) a Convenor; and (b) a Deputy Convenor. (6) The Deputy Convenor may, subject to the direction of the Convenor, exercise the functions and powers conferred on the Convenor by or under this Schedule. (7) The Deputy Convenor has, and may exercise, the functions and powers conferred on the Convenor by or under this Schedule while the office of the Convenor is vacant. 3—Constitution (1) An expert review panel is to consist of the number of members, not exceeding 3, as is determined by the Convenor in each particular case. (2) If a medical expert has been engaged to treat or examine, or to furnish a report in relation to, a person (other than as a member of an expert review panel), the medical expert is not to sit as a member of an expert review panel examining the person. (3) The Convenor must appoint a presiding member for each expert review panel constituted by more than 1 person, who will have general responsibility for managing the operations of the panel in a particular case. 4—Validity of acts An act or proceeding of an expert review panel is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 5—Procedures (1) An expert review panel is not bound by the rules of evidence but may inform itself in any way it considers appropriate. (2) An expert review panel may act informally and without regard to technicalities or legal forms. (3) An expert review panel may engage consultants and seek expert advice as it considers necessary in any particular case. (4) The Convenor may give directions as to the arrangement of the business of the expert review panels. (5) The Minister may for the purposes of— (a) ensuring procedural fairness in the procedures of the expert review panels; and (b) facilitating the proper administration of the expert review panels, issue guidelines as to the procedures of expert review panels. (6) The Convenor may give directions as to the procedures of the expert review panels but may not give directions inconsistent with any guidelines issued by the Minister. (7) In the case of an expert review panel constituted by 3 members, an act or decision of a majority of the members of the panel constitutes an act or decision of the panel. (8) In the case of an expert review panel constituted by 2 members— (a) an act or decision of both members of the panel constitutes an act or decision of the panel; and (b) if the members cannot agree on a matter, a medical expert appointed by the Convenor will determine the matter as if he or she constituted the expert review panel. (9) Subject to this clause and the other provisions of this Schedule, an expert review panel may determine its own procedures. 6—Powers and procedures on a referral (1) An expert review panel may ask a relevant person— (a) to meet with the panel and answer questions; and (b) to supply copies of all documents in the possession, custody or control of the person which relate to the question referred to the panel; and (c) to submit to an examination by the panel or by a member of the panel. (2) A person or body referring a question to an expert review panel must submit a document to the panel specifying— (a) the injury or alleged injury to, or in respect of, which the referred question relates; and (b) the facts or questions of fact relevant to the referred question which the person or body is satisfied have been agreed and those facts or questions that are in dispute. (3) A person or body referring a question to an expert review panel must submit copies of all documents relating to the referred question in the possession, custody or control of that person or body to the panel. (4) If an expert review panel requests and the relevant person consents, a medical expert who has provided a service to a relevant person in relation to the relevant injury must— (a) meet with the panel and answer questions; and (b) supply relevant documents to the panel. (5) A person must not, without reasonable excuse, fail to comply with a requirement under subclause (4). Maximum penalty: $5 000. (6) Any attendance of a person before an expert review panel must be in private, unless the panel considers that it is necessary for another person to be present. (7) Information given to an expert review panel cannot be used in subsequent proceedings unless— (a) the proceedings are before a court or the Tribunal; or (b) the relevant person consents to the use of the information. 7—Admissibility An opinion, certificate, report or other document furnished by an expert review panel is admissible in evidence in any proceedings before a court or the Tribunal. 8—Support staff and facilities (1) The Minister must ensure that there are such administrative and ancillary staff as are necessary for the proper functioning of the expert review panels. (2) The expert review panels may— (a) under an arrangement established by the Minister and the appropriate authority, make use of the services, facilities or staff of a government department, agency or instrumentality; or (b) with the approval of the Minister, make use of the services, facilities or staff of any other entity.